House arrest for Stratford man who shared intimate images without consent

A P.E.I. judge says sharing intimate images without consent amounts to a breach of trust that warrants jail time.

Judge Nancy Orr made the remarks Wednesday in provincial court in Charlottetown as she sentenced a Stratford man to 90 days of house arrest.

"It's a breach of trust... a criminal offence — and for good reason," said Orr.

Kenneth James Pound, 44, had previously pleaded guilty to the crime under Section 162 of the Criminal Code of Canada.

Last August, Pound sent two nude photos of a former partner to a male relative of the victim, using a social media private message function.

The court was told that Pound has had ongoing conflicts with the woman he targeted. 

Crown prosecutor John Diamond noted that just after sending the photos, Pound had unsuccessfully tried to "recall" the images from the recipient, in an attempt to undo the harm he had caused.

When confronted by RCMP, Pound turned over all the other nude photos of the woman in his possession, and they were expunged.

During sentencing arguments, Pound's lawyer Scott Barry pointed out that the woman had "willingly shared the images" with his client at an earlier point in their relationship.

But the judge dismissed any suggestion that her doing so lessened the seriousness of what Pound later did. 

Rather, the fact that Pound was a "former intimate partner is an aggravating factor," said Orr.

The Crown prosecutor had wanted Pound to be sentenced to a custodial sentence of 90 days in the Provincial Correctional Centre, with time to be served on weekends.

But intermittent sentences such as that are not being handed down at the moment, due to COVID-19 health protocols in place in P.E.I.'s provincial jail.

Pound's conditional sentence will require him to remain indoors in his home virtually 24 hours a day, allowed out only to go to probation sessions, counselling, medical appointments, and appointments crucial to his job. He can't use alcohol or drugs, and he's also been ordered to wear an electronic ankle bracelet, so that probation officers can monitor his location at all times.